BCCAT Fall 2015 Newsletter · Steve Guthrie (Treasurer) Property Assessment Appeal Board Diana...

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BCCAT Fall 2015 Newsletter

Table of Contents

Board Members

Conference Retrospective

2015 Conference

BCCAT Roundtable

Train The Trainer Workshop

New Membership Structure

Volunteer

Fall Course Offerings

BCCAT Awards

Admin Law Case Comment

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page 11

http://www.bccat.net

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2BC Council of Administrative Tribunals 2014 Newsletter


Alan Andison

Environmental Appeal Board

Emily Drown (Board Secretary)

Safety Standards Appeal Board

Steve Guthrie (Treasurer)

Property Assessment Appeal Board

Diana Juricevic

BC Human Rights Tribunal

Shelley Lopez

Workers Compensation Appeal Tribunal

Brent Mullin

Labour Relations Board

Alison Narod (President)

Community Care & Assisted Living Appeal Board

Ellen Riley

WCAT

Shannon Salter (Vice President)

Civil Resolution Tribunal

Simmi Sandhu


Jeremy Sibley

Employment and Assistance Appeal Tribunal

Debe Simpson

Workers Compensation Appeal Tribunal

Daphne Stancil

620 Stewart Mountain Road

Cheryl Vickers


Tiina Williams

Mental Health Review Board

Board Members

On behalf of BCCAT, we want to thank our board members for all of their hard work and dedication to the organization.

Past & Present BCCAT Board Members at the 2014 Annual BCCAT Conference

BCCAT serves the tribunal community through volunteers

from the community. This is our strength and what ensures

our education programs best suit our members. Your

expertise and ideas are required, whether on the Board of

Directors or Committees.

BCCAT Commitees:

• Education Committee

• Nominating Committee

• Communication, Outreach and Membership Committee

• Policy and Research Committee

• Annual Conference Committee

Please check out our website at bccat.net or contact us at

[email protected] for more information about how you

can get involved.



http://bccat.net/about-bccat/




Conference Retrospective

Do you know who this is? And why he is significant for BCCAT?

Find out when Cheryl Vickers and Iain

Macdonald look back on 20 year’s of

BCCAT activity at this year’s Conference.

And just to show how cutting edge we

were, here is an extract from the October

1999 newsletter!





2015 Conference

The BCCAT Annual Education Conference – Going Platinum2015 BCCAT Education Conference – 20th Anniversary

“Looking Back to the Future”October 5 & 6, 2015 – Vancouver

Since its inception in 1995, the

BCCAT has recognized that

administrative justice is a field

in constant development and

it is about to evolve further in

the coming months. This year’s

conference will provide a look back

at some of the changes over the past

20 years and offer some insight into

the future.

Our two day conference will offer

plenary sessions on a variety

of topics such as productivity

techniques, dealing with difficult

parties and those with mental

health challenges, investigation/

adjudication and information and

privacy issues. We will touch on

what the province is proposing in

terms of tribunal clustering, how

will Bill 18 affect tribunals, how

tribunals in other province under

similar models.

Keynote Speakers include The

Honourable Judge of the Supreme

Court of BC, Christopher Hinkson

and the Attorney General,

MLA Suzanne Anton. We will

also hear from leaders in the

fields of Administrative Law,

Dispute Resolution, Evidence,

Investigations, Information &

Privacy as well as an update on

the new Civil Dispute Resolution

Tribunal. All our sessions will have

question and answer periods where

you can interact with the speakers.

This year our conference will be held

in beautiful downtown Vancouver

at the Wosk Centre for Dialogue, a

state of the art facility where each

seat equipped with a microphone to

ensure your voice will be heard.

Whether you are a full or part-

time quasi-judicial decision

maker, new or experienced,

the presentations will

provide current information

on the changing tribunal

environment in BC and add

to your skills as a tribunal

member or chair.

This Educational Conference will

again offer Continuing Professional

Development (CPD) credits for your

annual report to your professional

organization. Attendance will

also enhance your CV, and in

some circumstances may be a tax

deductible expense.

This year all BCCAT members are

eligible to receive a discount of $100

on the registration - details will

be found on the website as soon as

registration opens.

Registration includes a light

breakfast, continuous refreshments

and a hot lunch each day.

Accommodation is offered at a

reduced rate (limited number)

at the attached Delta Vancouver

Suites. To celebrate our 20th

anniversary, we will be hosting

a wine and cheese networking

reception following the first day

of our conference in the relaxed

atmosphere of the Wosk Centre

glass atrium. Plan to attend!

For those of you who bring others

with you or want to do a bit of

exploring the Vancouver area,

the Wosk Centre for Dialogue is

located in the downtown core

within easy walking distance to the

transportation hub of Waterfront

Station, the terminus for Skytrain,

Canada Line and SeaBus.





The BC Council of Administrative Tribunals is launching the first facilitated roundtable discussion as part of

the new group membership package.

Participation is a member benefit, and limited based on membership level.

We encourage a representative from your organization to attend!

Topic:

Members told us that technology and adjudication was their top choice for a roundtable discussion, and so

we’ll be talking about best practices, privacy concerns, and the future of adjudication. Join us! The format

will involve 15 minutes of presentation to spur discussion, followed by 45 minutes of open dialogue.

Date: September 16, 2015

Time: 12:30 – 1:30pm

Location: Justice Education Society, 260-800 Hornby Street

Working lunch will be provided.

To register a representative(s) from your organization, contact: [email protected]

BCCAT Roundtable: Using Technology in Adjudication

BCCAT Roundtable






The Workshop will be on September 21 and 22,

2015 at the Broadway Campus of Vancouver

Community College.

The first day will involve instruction by a member

of VCC’s School of Instructor Education and will

cover principles of adult education, instructional

methods and giving feedback. Participants

will have the chance to practice teaching. The

second day will familiarize participants with

the BCCAT Administrative Justice for Decision

Makers Curriculum and provide opportunity to

practice teaching various sections of the course.

All participants will receive feedback on their

participation.

The workshop will be limited to 12 participants

– 6 experienced administrative justice decision-

makers from the general BCCAT membership,

and 6 legal counsel from the Ministry of Justice,

Legal Services Branch (who will instruct the

BCCAT courses within government).

Participants from the general BCCAT

membership who successfully complete

the Train the Trainer workshop will join the

BCCAT instructor pool for offerings of BCCAT’s

Administrative Justice for Decision Makers

Workshop and the Administrative Justice for

Post-Secondary Institutions Workshop. Qualified

instructors may also join the instructor pool for

Train the Trainer Workshop

Are you an experienced administrative justice decision-maker?

Do you want to pass your experience on to other decision makers? Enroll in the 2 day Train the Trainer workshop, provided by the British Columbia Council of

Administrative Tribunals (BCCAT).

the Hearing Skills Workshop and the Decision Writing

Workshop upon completion of those workshops and

after co-instructing an offering as a volunteer.

To become a qualified BCCAT instructor, you must

have experience as an administrative justice decision-

maker. If you wish to be able to join the instructor

pool for the Hearing Skills Workshop and Decision

Writing Workshop, you must have experience

conducting oral hearings and writing reasoned

decisions.

The cost to participate in the Train the Trainer

Workshop is $300.

If you would like to participate in the Train the

Trainer Workshop to become a qualified instructor

for BCCAT’s courses, send your expression of interest

together with your resume to the attention of the

BCCAT Education Committee at [email protected]

When: September 21st & 22nd

Where: VCC Broadway Campus

Cost: $300

Questions? Contact Cheryl Vickers:

604-328-5053

[email protected]




mailto:cherylvickers%40shaw.ca?subject=



New Membership Structure

If your organization is a member of BCCAT then you are too, and you are eligible to attend member

only events like BCCAT’s new Roundtable Series.

BCCAT has a new membership structure. The new package includes the following great services that are

sure to be appreciated by appointees to administrative tribunals and those in other organizations that have

a quasi-judicial role:

• Preferred training course pricing:

• 1 free course per organization;

• $200 off each additional course registration;

• Group purchase options at additional savings.

• Adjudicator’s Manual - 2015 updated electronic version (coming soon!)

• Preferred conference pricing: $100 off each registration for the two day event.

• Annual Roundtable on administrative justice topics

• Educational newsletter (with new admin law update)

• Membership to BCCAT for all appointees of organization (part of package price)

• Optional training planning meeting with BCCAT Educational representative

• Continuing Professional Development (CPD) credits for attendees to BCCAT offerings (when applicable)

The package is offered at a variable price depending on the size of the tribunal:

Individual subscription price: $75

Group Subscription price (depending on size of tribunal – all members must be enrolled):

Level Number of Appointees Package Price

A 2 - 4 $500

B 5- 8 $750

C 9 - 14 $1,000

D 15 - 24 $1,250

E 25 - 49 $1,500

F 50+ $1,750





Volunteer

Did you know that BCCAT serves the tribunal community through volunteers from the community?

Your expertise and ideas are welcome, whether on the Board of Directors or on any of BCCAT’s numerous

committees.

BCCAT Commitees:

• Education Committee

• Nominating Committee

• Communication, Outreach and Membership Committee

• Policy and Research Committee

• Annual Conference Committee

Please check out our website at bccat.net or contact us at [email protected] for more information.



http://bccat.net




Fall 2015 Courses

Administrative Justice - Practice & Procedure for Decision Makers

Administrative Justice - Practice & Procedure for Staff Members

Decision-Writing Workshop

Hearing Skills Workshop

Administrative Justice - Practice & Procedure for Post Secondary Education Institutions

October 22 & 23, 2015

November 5 & 6, 2015

November 19 & 20, 2015

Institutions should Contact BCCAT

October 14, 2015

BCCAT will tailor courses to specific needs or provide in-house training. All courses are approved as continuing education for

members of the bar in completing the Annual Report to the Law Society of BC. Register now for courses.

Registration:

Administrative support and location for BCCAT’s Courses are now provided by the Justice Education Society.

Registration for courses is processed by AdminLawBC.ca, follow the link below to register for BCCAT courses.

Register At Adminlawbc.ca

The Justice Education Society will acknowledge your registration and provide you with detailed information regarding

your course.

Note:

The Administrative Justice – Practice and Procedures for Educational Institutions is arranged separately between the

organizations and BCCAT. Contact us for further information.

Cancellation Policy:

Please note that all courses are fully non-refundable if cancelled within 10 days of course start date. Course enrollment

is transferable to another member of your organization. Courses may be cancelled and you will be notified 7 days in

advance if insufficient enrolment occurs. Please contact BCCAT directly with any questions.

Location:

Unless otherwise advised, courses will be held in the Justice Education Society’s classroom at 800 Hornby Street

Fall Course Offerings



http://bccat.net/courses1/course-schedule/






http://www.adminlawbc.ca/bccat-register



BCCAT Awards

The BCCAT Recognition Awards will be presented at the annual education conference taking place on

October 5th & 6th, 2015.

What is the British Columbia Council of Administrative Tribunals Recognition Award?

The BCCAT award is intended to recognize a person or persons for their outstanding contribution to the

Administrative Justice System in B.C. The award may recognize a particular achievement or an individual’s

service over a period of time.

Who is eligible for the recognition award?

The Award is open to anyone who has made a contribution to the Administrative Justice system in B.C.

Current Directors of BCCAT are not eligible.

Who can nominate persons for the Award?

Nominations for the Award will be accepted from any source. The recipient does not have to be a member of

BCCAT.

Who selects the Award Recipients?

The Selection Committee consists of BCCAT’s Board of Directors. The Committee may add to the list of

nominees and will select the recipient(s) from the nominations field. The Committee reserves the right not

to make an award in a given year.

Presentation of the Recognition Award:

The award is to be presented at a ceremony to be held each year in conjunction with BCCAT’s Annual

BCCAT Recognition Award

The 2014 Award recipients were:

Iain Macdonald, in recognition for

his outstanding contribution to

administrative justice in BC.

Helen del Val, in recognition for her

role as President of BCCAT 2012-2013





Parklane Auto & RV Sales Ltd. v. British Columbia (Assessor of Area No. 19 – Kelowna), 2015 BCSC 1482

Why do you need to know about this case? This recent case provides a current summary of the law regarding procedural fairness and natural justice for administrative tribunals in British Columbia.

What are the issues? This decision stems from a stated case under the Assessment Act, R.S.B.C. 1996, c. 20, s.65 and deals with certain questions regarding the Property Assessment Appeal Board’s (the “Board”) decision to increase the 2013 assessed value of the Property. Among other matters, the court was asked to determine

Admin Law Case Comment

Admin Law Case Commentby Emily C. Drown

whether the Board erred in law by breaching the rules of natural justice. The Court was asked in the stated case to determine whether, in the circumstances of the case, the Board erred by failing to notify the property owner that the actual value of the property was higher than its assessed value given that the property owner had brought the appeal from the Board’s decision to confirm the 2013 assessed value and had not notified the property owner that it was going to increase the value as a result of the appeal.

What does the decision say about procedural fairness and natural justice? While the decision deals with certain findings that apply primarily to the Board, a useful summary of procedural fairness and natural justice is found at paragraphs 32 to 61. In particular, the court affirms the approach set out in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817 (“Baker”) and Canada (Attorney General) v. Mavi, 2011 SCC 30 (“Mavi”) for determining whether there has been a breach of the duty of procedural fairness. Justice Fleming writes at paragraphs 39 to 41:

Continued on the next page ->





Admin Law Case Comment Continued

In Baker, Justice L’Hereux-Dube found the duty of procedural fairness is “flexible and variable and depends on an appreciation of the particular statute and the rights affected” (para. 22). She identified five factors, none of which is determinative, to be assessed in determining the content of the duty:

• The nature of the decision being made and the process followed in making it;

• The nature of the statutory scheme;

• The importance of the decision to the individual affected;

• Legitimate expectations; and

• The choices of the procedure made by the administrative agency.

Her decision noted the following overarching principle which informs and underlies the five factors which are non-exhaustive at para. 22:

I emphasize that underlying all these factors is the notion that the purpose of the participatory rights contained within the duty of procedural fairness is to ensure that administrative decisions are made using a fair and open procedure, appropriate to the decision being made and its statutory, institutional, and social context, with an opportunity for those affected by the decision to put forward their views and evidence fully and have them considered by the decision-maker.

More recently, Mavi clarified the Baker approach to determining the content of an administrative tribunal’s duty of procedural fairness:

[41] Once the duty of procedural fairness has been found to exist, the particular legislative and administrative context is crucial in determining its content.[…]

[42] A number of factors help to determine the content of the procedural fairness in a particular legislative and administrative context. Some of these were discussed in Cardinal, a case involving an inmate’s challenge to prison discipline which stressed the need to respect the requirements of effective and sound public administration while giving effect to the overarching requirement of fairness. The duty of fairness is not a “one-size-fits-all” doctrine. Some of the elements to be considered were set out in a non-exhaustive list in Baker …. Other cases helpfully provide additional elements for courts to consider but the obvious point is that the requirements of the duty in particular cases are driven by their particular circumstances. The simple overarching requirement is fairness, and this “central” notation of the “just exercise of power” should not be diluted or obscured by jurisprudential lists developed to be helpful but not exhaustive.



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